National Green Tribunal
Vinod Kumar Jangra vs State Of Haryana on 26 May, 2025
Item Nos. 06&07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 607/2018
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Vinod Kumar Jangra Applicant
Versus
State of Haryana & Ors. Respondent(s)
WITH
Original Application No. 480/2022
Kuldeep Applicant
Versus
State of Haryana & Ors. Respondent(s)
Date of completion of hearing and reserving of order: 24.02.2025
Date of Pronouncement of order: 26.05.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Vinod Kumar Jangra, Applicant in Person in OA 607/2018
Respondent: Mr. I.K. Kapila, Adv. for R - 71 in OA 607/2018
Mr. Rahul Khurana, Adv. for HSPCB
Mr. Srinivas Vishven, Adv. for CPCB (Through VC)
Mr. Tarun Gupta & Mr. Hirday Virdi, Advs.
Ms. Aashnaa Bhatia & Ms. Bhumi Agrawal, Advs.
Ms. Pallavi Singh, Adv.
Mr. Prateek Choudhary & Mr. Kunal Dabas, Advs. in I.A 666 - 667/2023
(Through VC)
2
ORDER
1. These original applications relate to violation of environmental norms under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 by the stone crushers operating in District Charkhi Dadri in Haryana. The issue is being examined in view of the allegation that the air quality in the area does not have the assimilative capacity to sustain them resulting in serious environmental harm and ill effect on public health.
2. In OA No. 607/2018, the initial allegation was that the Respondent No. 7 was doing mining activity on the Aravali hills damaging the flora and fauna of Aravali ridge and creating the environmental harm. It was also alleged that there were about 150 crushers operating in the vicinity of the Village Jhojhu Kalan and adjoining villages at Charkhi Dadri which were causing air pollution emitting dust and had become a serious threat to the residents and their agricultural fields.
3. The OA No. 480/2022 was registered on the basis of the letter petition sent by one Kuldeep resident of Village Birhi Kalan, Tehsil and District Charkhi Dadri alleging illegal operation of the crushers in District Charkhi Dadri without complying with the environmental norms.
4. In the above two original applications, the Tribunal had issued directions from time to time, had formed joint Committees and examined the reports of the joint Committee.
5. The Tribunal in the order dated 18.01.2023 passed in OA No. 607/2018 had taken note of the various directions issued in the matter in last four years concerning the stone crushers of District Charkhi Dadri. The Tribunal had also considered the issue of carrying capacity 3 and taken note of the report of the seven-member Committee dated 31.01.2021 finding that there was no carrying capacity of the ambient environment to sustain the activities of stone crushers without adequate mitigation measures and without following the siting norms. The Tribunal had also considered the action taken report dated 27.09.2021 filed by the Haryana State Pollution Control Board (HSPCB) wherein it was observed that in view of the negative carrying capacity, only those stone crushers could be permitted which did not add to the pollution load by adopting appropriate technology and methodology enabling functioning without deterioration to the air quality, during stone crushers operation or transportation of raw material or finished product. There was also a recommendation to reduce number of permitted stone crushers to maintain adequate distance inter-se, as per the formula suggested by the Expert Committee and also requiring the stone crushers to develop green belts around the periphery of the area and take steps for afforestation within the crushing zone to improve the micro climate. There were suggestions for paving the roads and providing additional water sprinkler facility. The Tribunal also took note of the second report dated 17.01.2023 and found that large scale violations were ignored by the authorities. It also considered the air quality monitored at three locations in October 2022 which was found to be exceeding the laid down standards without any remedial action. Hence, it was found that the air quality norms were violated.
6. The similar issue was pending before the Tribunal in OA No. 667/2018 for Mahendragarh District which is adjoining to the Charkhi Dadri, therefore, in the proceedings dated 18.01.2023, the Tribunal took note of the detailed order dated 03.12.2020 passed in OA No. 667/2018 wherein the provisions concerning GRAP order and various judgments of 4 the Hon'ble Supreme Court on air quality management in NCT Delhi were taken note of. Having examined the aforesaid material, the Tribunal in the order dated 18.01.2023 reached to the conclusion that the number of operating stone crushers was required to be suitably reduced to bring it within the carrying capacity. The Tribunal also imposed the interim compensation of Rs. 20 lakhs against each of the crusher operating in Charkhi Dadri applying the principles of "Polluter Pays" covering the period from five years prior to filing of the OA till the date of passing of the order. This order was made applicable to 343 identified stone crushers as mentioned in the report of the joint Committee dated 17.01.2023. For fixing the final compensation, the Tribunal appointed a Joint Committee and also gave liberty to the stone crushers to approach the Tribunal, if aggrieved. The order dated 18.01.2023 passed by the Tribunal in OA No. 607/2018 is reproduced below:
"1. The issue for consideration is the remedial action for enforcement of the environmental norms under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 by the stone crushers in District Charkhi Dadri, Haryana. According to the applicant, as per the RTI response of Haryana State PCB, dated 18.06.2019, 260 stone crushers are in operation in the District Charkhi Dadri. According to the applicant, the air quality in the area does not have assimilative capacity to sustain the same, resulting in violation of air and water pollution norms, adversely affecting the environment and public health. In view of subsequent reports showing violations in the adjoining District Bhiwani also, scope of these proceedings has been extend to the stone crushers in the said area also.
2. The matter has been considered by several orders in the last more than four years, including orders dated 05.09.2019, 19.08.2020, 02.02.2021 and 26.10.2021.
3. Vide order dated 05.09.2019, the Tribunal considered the report of the Chief Secretary, Haryana dated 02.08.2019 to the effect that action was taken against nineteen (19) non-compliant stone crushers and action was in process against twelve (12) more non-compliant stone crushers. The Tribunal found that the action taken was not adequate as admitted violation of norms of air quality was continuing and there was no adequate monitoring mechanism to enforce right of citizens to clean environment. Accordingly, the Tribunal directed the Chief Secretary, Haryana to take further action for enforcement of law for protection of 5 environment and public health. The Tribunal also directed the Central Pollution Control Board (CPCB) to constitute a three-member team to give a composite report on the subject of air pollution and compliance of siting criteria. The Tribunal also directed establishment of air quality monitoring stations and to assess efficacy of pollution control devices by the stone crushers.
4. Vide order dated 19.08.2020, the matter was considered in the light of the reports of CPCB and Chief Secretary, Haryana, which clearly depicted serious violations of environmental norms and inadequacy of the action taken. The Tribunal accordingly constituted a seven Member joint Committee comprising three members team of CPCB (senior level), Member Secretary, State PCB, Member Secretary, SEIAA, Haryana, Divisional Forest Officer, Charkhi Dadri and the Additional District Magistrate, Charkhi Dadri.
5. Vide order dated 02.02.2021, the matter was considered in the light of the report dated 31.01.2021, filed by the seven-Member Committee finding that there was no carrying capacity of the ambient environment to sustain the activities of the stone crushers, without adequate mitigation measures and without following the siting norms. Accordingly, the Tribunal directed remedial measures for enforcing the environmental norms and the Rule of Law. The Tribunal directed that polluting activities beyond the carrying capacity of the environment may be stopped and only such activities may be allowed which can be sustained on the principle of Sustainable Development. The statutory Authorities were directed to exercise their jurisdiction, following due process of law.
6. By last order dated 26.10.2021, there was further review in light of action taken report has been filed on 27.09.2021 by the State PCB. It was observed:-
"5. In pursuance of the above, an action taken report has been filed on 27.09.2021 by the State PCB. The status report gives the list of 339 stone crushers to whom the consent was granted. It gives list of 22 stone crushers which were inspected along with the Monitoring Committee constituted by this Tribunal out of which 5 were found to be non-compliant and were closed. The remaining were found to be individually compliant. On 2nd inspection of 14 stone crushers, 10 were found to be non-complaint, which included 4 units which were earlier non-compliant and 6 units which were found to be non-complaint later. Four were found to be compliant. 10 units were closed/ recommended to be closed accordingly. On 3rd inspection on 17.06.2021 and 01.07.2021, 2 more units were found to be non-compliant and were closed. Assessment of compensation against 14 units was in progress. Compensation had already been assessed against 40 non-compliant units amounting to Rs. 4.76 Crores. 27 units out of them have deposited the compensation while proceedings have been initiated for recovery against the remaining. Prosecution has been filed/proposed against 35 units. Compensation has also been assessed for illegal extraction of ground water amounting to Rs. 31.66 Crores approximately against 278 units. We note that 6 for such assessment the area has been taken to be safe category even though it is critical. 34 units have been found to be not meeting the siting criteria and action has been taken for withdrawal of the CTE/CTO. It is further stated that even 339 stone crushers in District Charkhi Dadri 246 were in operation and the remaining have been identified for dismantling. 4 have been closed.
6. In view of the report, we are concerned with the issue of permissibility of functioning of the said 246 stone crushers which are said to be in operation. The list is as follows:-
"List of CTO of Stone Crusher units in operation at present:-
xxx............................xxx.....................................xxx
7. The conclusion in the report is as follows:-
"Conclusion:-
1. The inspection of stone crusher zone Charkhi Dadri have been conducted by Monitoring Committee headed by Justice Pritam Pal, Smt. Urvashi Gulati, Rtd. IAS, Sh. Baburam Ex. MS PPCB alongwith District administrative, Charkhi Dadri on dated 17.03.2021 and 18.03.2021 during visit the committee inspected 22. Nos. of stone crushing units in various cluster. The detailed report of this inspection has already been noted above.
2. The inspection of stone crusher zone Charkhi Dadri have been conducted by Monitoring Committee headed by Justice Pritam Pal, Smt. Urvashi Gulati, Rtd. IAS, Sh. Baburam Ex. MS PPCB alongwith District administrative, Charkhi Dadri on dated 23.07.2021 and 24.07.2021. The detailed report of this inspection has already been noted above.
3. The Regional office, Bhiwani has requested the 03 Nos.
instate namely TERI (The Energy and Resource Institute, Lodhi Road, New Delhi) and NEERI (National Environmental Engineering Research Institute, Delhi Zonal Centre, Naraina, New Delhi and Dr. Vivek Narayan Singh, Head of Department, Environment Protection Division (EPD), Shri Ram Institute for Industrial Research, 19, University road, New Delhi. However, the proposal has been received from TERI and NEERI only & to complete the procedure for allotment of the work of study of apportionment, minimum 03 nos. of quotations are required. Once the procedure is complete the work will be allotted to the institute.
4. No new stone crusher of any capacity has been allowed to established in District Charkhi Dadri."
8. We have considered the report dated 27.09.2021 in pursuance of order dated 02.02.2021. The report does not mention status of compliance of directions in para 7 of 7 the said order requiring stopping of polluting activities beyond carrying capacity and also requiring that only such activity may be allowed which the environment can sustain irrespective of date of setting up of the stone crushers. Needless to say that mere compliance by individual stone crusher is not enough if the environment does not have capacity to sustain the polluting activity in question. on account of pre- existing pollution load. In such situation, stone crushers can be allowed only if they do not contribute further to the pollution load by taking such mitigation measures, as viable. Standard laid down for an individual units are subject to assimilative capacity of the environment to sustain additional air pollution load as laid down by this Tribunal vide order dated 17.02.2021 in O.A. No. 1016/2019, Utkarsh Panwar v. CPCB & Ors., dealing with the issue of prohibiting/regulating brick kilns in NCR, having regard to the absence of carrying capacity of the environment. Contrary to that, report merely mentions that no new stone crushers have been allowed. Action taken against stone crushers beyond carrying capacity which environment cannot sustain, has not been mentioned. Further, legality of measurement of raw material for the stone crushers needs to be ascertained and remedial action taken. The Committee being constituted may look into the aspect. Thus, in view of absence of carrying capacity and unsustainability of the stone crushers prima-facie the stone crushers may be liable to be closed to the extent the same are not sustainable. The list of operating stone crushers also mentions District Bhiwani at many places, apart from Charkhi Dadri, which was initially the subject matter of consideration. Thus, the said District will also, to the extent necessary, have to be covered by the remedial action. The report dated 31.01.2021 relates to the study period of 250 days from 04.03.2020 to 08.11.2020. The relevant table has been quoted earlier and is reproduced below for ready reference:-
"The carrying capacity assessment of ambient air environment, of District Charkhi Dadri as estimated by the Joint Committee based on the available data of Continuous Ambient Air Quality Monitoring Station (CAAQMS) located in the district, for time period of 250 days i.e. 04.03.2020 to 08.11.2020 for the predominant air quality parameter i.e. PM10, is as follows:
Particulars Values Summer Monsoon Post Season Season Monsoon Season Area of District (km2) 1370 1370 1370 1370 Mixing height (km) 0.691 0.745 0.672 0.643 Volume of air in the district 946 1021 921 882 (km3) (pg/m3) PM10 265 246 177 409 Total Estimated load of 250815 251508 162671 360369 particulate matter in ambient air in the district in a study period (kg) 8 Assimilative Carrying 94647 102073 92112 88153 Capacity (kg) Supportive Carrying -156168 -149435 -70558 -272216 Capacity (kg)
9. It is well known fact that from the period from November to February, which has not been taken into account, the air quality is certainly inferior to the rest of the year. In view of negative carrying capacity, only those stone crushers can be permitted which do not add to the pollution load by adopting appropriate technology or methodology enabling functioning without deterioration to the air quality, during the operation of the stone crushers or during the transportation of raw material and finished product.
10. Number of stone crushers to be permitted may have to be suitably reduced to maintain adequate distance inter-se, as per formula suggested in above report of the Expert Committee which is reproduced below:-
"(ii) Considering the stone dust settlement behaviour, the inter-se distance between two stone crushing units may be kept as:
d = (hi*N. + h2 *p2)/100 Where, d = inter-se distance between two stone crushing units (in meter) hl& h2 = height of highest nodes for unit 1 & 2, respectively (in meter) Pi& P2 = production capacity for unit 1 & 2, respectively (in MTD)
11. There is also need to implement the recommendations in the report of the Expert of the Committee dated 31.01.2021.
Further solution to be considered for permitting operation of stone crushers can be development of a green belt around the periphery of the area where stone crushers are located of the width ranging from 25 meters to 50 meters, wherever viable. Any other pockets of land available may also be considered for afforestation within the crushing zone to improve the micro climate. The District Administration may also undertake paving the roads in and around the crushing area in additional water sprinkling on regular basis in the interest of public health of the citizens affected by the air pollution generated in the process.
12. Let a joint Committee of CPCB, State PCB, District Magistrates Charkhi Dadri and Bhiwani, jurisdictional Conservator of Forest, nominee of IIT Delhi who may be expert on the subject of air pollution and a Pulmonologist nominated by DG Health, Haryana meet within two weeks and ponder over the issue. They may 9 interact with the stake holders including the representatives of the stone crushers, who may be informed about the proceedings before this Tribunal by the State PCB in coordination with any other concerned authorities in an appropriate manner by e-mail or otherwise. The CPCB and the State PCB will be nodal agency for coordination and compliance. Any expenses to be incurred will be borne by the State PCB subject to further orders. The District Magistrate may provide logistics for execution of the order. The report may be furnished within three months by email by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF which may be also be uploaded on the website of the State PCB for information of all the affected stone crushers who will be at liberty to file their comments, if any, to the report before this Tribunal within 15 days of uploading of the report."
7. It is a matter of regret that the Committee failed to give report as expected within three months. We record our disapproval for such conduct on the part of the members of the Committee in a matter of such urgency. This observation may be conveyed to the Members of the Committee by CPCB and remedial action be taken for future.
8. We may now refer to the reports filed. The first report was filed by the State PCB on 08.11.2022, after more than one year of order dated 26.10.2021. Such delay itself has greatly prejudiced the environment and public health as the Tribunal has already found that there was no carrying capacity for continued operations of stone crushers without additional equipments ensuring that there is no addition to air pollution. The authorities have failed to take adequate remedial action in the light of observations of this Tribunal. The report dated 08.11.2022 merely mentions that first meeting was held on 28.12.2021 wherein road map for implementation of recommendations in report dated 31.01.2021 was discussed. Second report filed on 17.01.2023 refers to status of obtaining plantation plans, as reported by the DFO, Charkhi Dadri. The report shows that most of the stone crushers have not even obtained plantation plans. What to talk of undertaking plantations. Surprising, learned Counsel for State PCB has stated that action has been proposed only against those who have not sought plans and those who have sought plans are not being proceeded against even when they have failed to undertake plantations and are continuing in violation of law. He has given list of 24 stone crushers who have not undertaken plantation and against whom merely show cause notices has been issued though failure is since more than one year. We fail to understand what is the compulsion before the authorities in ignoring such large scale violations. Let Chairman, State PCB take remedial action, including action against erring officers involved in the process, coordinating with all concerned State authorities.
9. The report further mentions that air quality was monitored at three locations with manual AAQ machines in October, 2022 which show the level of PM10 to be 361, 281 and 393 which is much in excess of the laid down standards. No remedial action has been 10 taken by the State PCB for revoking consents under the Air (Prevention and Control of Pollution) Act, 1981 when there is no assimilated carrying capacity of the air quality in the area and stone crushers and adding to air pollution and not even complying with requirement of plantations. No compensation on polluter pays pr9inciple has been assessed and recovered. It is further stated that the District Administration is in the process of paving the roads around the stone crushing zones and undertaking water sprinkling to control the dust emissions at State expense without requiring the violators to remedy their wrong. The report further mentions comments of nominee of IIT as follows:-
"1) We notice that PM1o were very high during the monitoring time. Long-term monitoring of PM10 and PM25 are required regularly inside the crusher zone, so that reliable data can be established for operating and non-
operating periods
2) Dispersion modelling needs to be carried out to estimate the dispersion of PM generated by the crushing units in contrasting meteorological conditions. Carrying capacity analysis will allow us to generate data to decide on the optimum number of units based on the meteorological conditions.
3) Whenever the PM10 Values exceed 'high' levels, the number of running crusher units needs to be reduced and the operating period should be shortened.
4) Movement of heavy- duty vehicles need to be restricted while crushers are running. Specific timing should be allotted to transport material from crusher zones while the crusher units entirely shut down.
5) In the winter, local activities like wood fires and the burning of angithi etc. should not permitted or need to reduce."
10. The above comments show rampant violation of the air quality norms, PM10 being very high with no remedial action by authorities. Thus, consideration of prayer for seeking further time will only help continuing violations and damage and cannot be accepted as bonafide after more than one year of earlier order. Such prayer may only covering up the failure of the authorities in not doing their duties as expected by this Tribunal. The prayers will stand declined.
11. We may note some relevant observations in earlier order of this Tribunal in connected matters order dated 03.12.2020, O.A. No. 667/2018, Mahendra Singh vs. State of Haryana & Ors., in the context of permissibility of Stone Crushers in NCR as follows:-
"9. It is well known that NCR is facing air pollution issues and, in winter months, the problem is further aggravated. Polluting activities, even if otherwise legitimate, are required to be stopped/regulated to avoid adverse health impact on account of air pollution. Stone crushers add to air 11 pollution. On that account as per Graded Response Action Plan for Delhi & NCR (GRAP), the stone crushers in NCR have to be automatically closed when the air quality is 'severe'. Relevant portion of the Graded Response Action Plan is as follows:-
"
Severe (ambient PM2.5or Agency responsible/ PM10concentration value is more than Implementing Agency 250 µg/m3 or 430µg/m3 respectively) Close brick kilns, Hot Mix plants, Stone Chairpersons Delhi Crushers Pollution Control Committee, State Pollution Control Boards of Haryana, Rajasthan, and Uttar Pradesh Superintendent of Police "
and Deputy Commissioner of respective districts
10. GRAP is self-operating but does not exclude assessment- based restrictions. Permissibility of stone crushers depends on the available air quality and impact of operation of such stone crushers on the environment and public health in a particular area. In this regard, we may notice the observations of the Hon'ble Supreme Court in some matters. In M.C. Mehta v. Union of India, (1992) 3 SCC 256, at page 257, it was observed:
"....Utter disregard to environment has placed Delhi in an unenviable position of being the world's third grubbiest, most polluted and unhealthy city as per a study conducted by the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution- free environments.
3. For the reasons to be recorded and pronounced at a later stage we order and direct as under:
(1) The mechanical stone crushers established/operating in Lal Kuan, Anand Parbat, Rajokri, Tughlakabad and in any other area of the Union territory of Delhi shall stop operating/functioning with effect from August 15, 1992. No stone crusher shall operate in the Union territory of Delhi from August 15, 1992 onward.
(2) The mechanical stone crushers established/operating in Suraj Kund, Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangla, Saraikhaja, Anangpur and Ballabgarh areas of Haryana shall stop operating/functioning with effect from August 15, 1992. No stone crusher shall operate in the above-
said area from August 15, 1992 onward.
1211. Again, in M.C. Mehta v. Union of India, (2006) 11 SCC 582, at page 586, it was observed :
"While conducting a study of environmental problems of the Aravalli hills and preparation of action plan for restoration of environmental quality in Gurgaon district, the Central Mine Planning and Design Institute Limited (CMPDI), had inter alia noted that in the Aravalli hills, large number of activities, operations of stone crushers and deforestation besides other activities are causing environmental degradation. These mines are usually located in clusters in remote mineral-rich districts/areas where living standards are lower and understanding of people towards environmental impact is also poor. In the past, the mine operators took no note of environmental damage. In fact, they were not even conscious about it. The attitude of the mining community is to ignore the environmental concerns. In the majority of the cases, the environmental concerns are ignored for making quick profits. The small mines (less than 5 hectares) and the mining of minor minerals which are no doubt small individually but have damaging characteristics when in clusters e.g. the mines of granite, marble, slates, quartzite, etc. (falling under minor minerals) are no less damaging than the others, especially when the processing is taken into consideration. The mining activities result in disturbance of land surface, altering drainage pattern and land use, besides the pollution problems, which may lead to the environmental problems of air, water and noise pollution and solid waste pollution."
12. In People Right and Social Responsibility Centre v UoI, (2010) 14 SCC 769, it was noted that persons at and close to stone crushers suffer from Silicosis disease against which safeguards are to be adopted.
13. In Arjun Gopal & Ors. v. UOI & Ors.1, the Hon'ble Supreme Court noted the adverse impact of unsatisfactory air quality on health and air quality grading as follows:
"5. In India, air quality standards are measured in terms of the Air Quality Index (hereinafter "AQI"). The AQI was launched in India on 17-10-2014 by the Ministry of Environment and Forests. According to the press release of the Press information Bureau of the same date, it consists of a comprehensive set of parameters to monitor and asses the air quality. The AQI considers eight pollutants (PM10, PM2.5, NO2, SO2, CO, O3, NH3, and Pb), and based on the levels of these pollutants six categories of AQI ranging from "Good" to "Severe" have been prescribed. The index also suggests the health effects of the pollution category wise. The 1 (2017) 1 SCC 412 13 gradation of AQI and its health impact is extracted below:
Table 1 AQI Associated Health Impacts Good Minimal impact.
(0-50)
Satisfactory May cause minor breathing discomfort to sensitive
(51-100) people.
Moderately polluted May cause breathing discomfort to people with lung
(101-200) disease such as asthma, and discomfort to people
with heart disease, children and older adults. Poor May cause breathing discomfort to people on (201-300) prolonged exposure, and discomfort to people with heart disease.
Very Poor May cause respiratory illness to the people on (301-400) prolonged exposure. Effect may be more pronounced in people with lung and heart diseases. Severe May May cause respiratory impact even on healthy people, (401-500) and serious health impacts on people with lung/heart disease. The health impacts may be experienced even during light physical activity.
Table 2 AQI Category, Pollutants and Health Breakpoints AQI PM10 24- PM2.5 24- NO2 24- O3 8- CO 8-hr SO2 24- NH3 24- Pb category hr hr hr hr (mg/m3) hr hr 24-hr (Range) Good (0-50) 0-50 0-30 0-40 0-50 0-1.0 0-40 0-200 0-0.5 Satisfactory 51-100 31-60 41-80 51- 1.1-2.0 41-80 201- 0.5-
(51-100) 100 400 1.0
Moderately 101-250 61-90 81-180 101- 2.1-10 81-380 401- 1.1-
polluted 168 800 2.0
(101-200)
Poor (201- 251-350 91-120 181- 169- 10-17 381- 801- 2.1-
300) 280 208 800 1200 3.0
Very poor 351-430 121-250 281- 209- 17-34 801- 1200- 3.1-
(301-400) 400 748* 1600 1800 3.5
Severe (401- 430+ 250+ 400+ 748+* 34+ 1600+ 1800+ 3.5+ "
500)
12. This Tribunal vide order dated 15.10.2010 in O.A. No. 1016/2019, Utkarsh Panwar Vs. CPCB considered the issue in the context of closing/restricting the brick kilns in absence of carrying capacity of the air quality in the NCR. Relevant observations are as follows:-
"17. In Arjun Gopal & Ors. v. UOI & Ors.2, it was observed that the residents of NCR faced severe air quality standards which were worst in the World. It had serious adverse health impact. Life of citizens in NCR had been brought to virtual standstill. The Capital was smoked into an environmental emergency of unseen proportions. It will be appropriate to extract some observations from the judgment:-2
(2017) 1 SCC 412 14 "4. The onset of winter and the festival/marriage season this year, presented to the residents of NCR severe concerns regarding the air quality standards.
According to reports, the air quality standards in early November of this year were the worst in the world. It is reported that the PM2.5 levels recorded were "beyond scale" values (see India's Air Quality Among World's Worst Over Diwali Weekend:
Report. 4-11-2016, Hindustan Times). The report indicates that 24-hour average of PM2.5 levels in South Delhi in 2016 were 38% higher than on the Diwali night of 2015. The day after Diwali, these levels were twice as high as the day after Diwali in 2015, crossing 650 μg/m3, which is 26 times above the WHO's standards or levels considered safe. Shockingly, on the morning of 1-11-2016, Delhi woke up to an average PM2.5 level of over 700 μg/m3 -- some of the highest levels recorded the world over and 29 times above WHO standards. The report further states that the WHO guideline for 24-hour average PM2.5 levels is 25 μg/m3 and with an annual average PM2.5 level of 122 μg/m3, Delhi's air is the worst among global megacities with dense populations. We have particularly referred to the PM 2.5 levels because of the extreme effects and near invisibility of this type of particulate matter.
PM2.5 or particulate matter 2.5 (PM2.5), refers to tiny particles or droplets in the air that are two- and-one-half microns or less in width. It may be noted that the widths of the larger particles in the PM2.5 size range would be about thirty times smaller than that of a human hair. These particles primarily emanate from vehicle exhausts and other operations that involve the burning of fuels such as wood, heating oil or coal, and of course, use of fire crackers.
5. xxx.............................xxx..................................xxx
6. Reports indicate that AQI in Delhi was much above the severe standard, shooting off the AQI 500 mark on many days this November. On the day after Diwali, it was more than 14 times the safe limits (see Delhi's Pollution Levels Peaks at 14-16 Times Safe Limits, 31-10-2016, The Hindu). The adverse health effects of these hazardous levels of pollution are only too evident from the table given above. We do not intend to refer to the multiplicity of reports and data on this front.
7. The hazardous levels of air pollution in the last few weeks has spared very few from its ill effects. The life of the citizens of NCR was brought to a virtual standstill, not to speak about 15 the plight of the thousands of mute flora and fauna in NCR. Schools were declared shut, denizens of the city advised to stay indoors, construction activities stopped, power stations shut and ban imposed on burning of garbage and agricultural waste. The fall in air quality has had a significant impact on people's lifestyle as well. The rising costs to protect against air pollution are substantial. It has come to our notice that people are queuing up to purchase protective masks and air purification systems in the wake of dense smog all over the NCR. In short, the capital was "smogged" into an environmental emergency of unseen proportions.
8. The adverse effects of these extreme levels of air pollution spare no one -- the young, the old, the infirm and even the future generations. A study of the data of the Global Health Depository of the World Health Organisation reveals that India has the world's highest death rate from chronic respiratory diseases and that about 1.5 million people in India die annually due to indoor and outdoor pollution (see Delhi Wakes up to an Air Pollution Problem it cannot Ignore, 15-2- 2015, The New York Times). The Kolkata-based Chittaranjan National Cancer Institute (CNCI), in a study commissioned and handed over to the Central Pollution Control Board, found that key indicators of respiratory health, lung function to palpitation, vision to blood pressure, of children in Delhi, between four and 17 years of age, were worse off than their counterparts elsewhere. It also found that more than 40% of the school children suffer from lung damage (see Landmark Study Lies Buried, 2-4-2015, The Indian Express). We note with apprehension that there are nascent studies that suggest that pollution can lower children's IQ, hurt their test scores and increase the risks of autism, epilepsy, diabetes and even adult-onset diseases like multiple sclerosis (see Holding Your Breath in India, 29-5- 2015, The New York Times).
9. It has been brought to our notice that the severe air pollution in the NCR is leading to multiple diseases and other health related issues amongst the people. It is said that the increase in respiratory diseases like asthma, lung cancer, bronchitis, etc. is primarily attributable to the worsening air quality in the NCR. The damage being caused to people's lungs is said to be irreversible. Other health related issues like allergies, temporary deafness are also on the rise. Various experts have pointed towards multiple adverse effects of air pollution on human health like premature deaths, rise in mortality rates, 16 palpitation, loss of vision, arthritis, heart ailments, cancer, etc.
10. When we refer to these extreme effects, we are not merely referring to the inconvenience caused to people, but to abject deprivation of a range of constitutionally embedded rights that the residents of NCR ought to have enjoyed. Needless to state, the grim situation of air quality adversely affected the right to education, work, health and ultimately, the right to life of the citizens, and this Court is constitutionally bound to address their grave concerns. May we remind ourselves, that this is not the first time that this Court was impelled into ensuring clean air for the citizens of the capital region (see M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 6 SCC 60] , [M.C. Mehta v. Union of India, (1998) 9 SCC 589] , M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 648] and M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 206] )."
18. In the context of banning sale of crackers having adverse impact on the air quality, it was held that even if there were several sources of pollution, a particular polluting activity could be prohibited. No equality could be pleaded in this regard. Right to trade was not absolute and could be restricted for protection of Environment which was a specific Directive Principle of State Policy enforcement of which was a reasonable restriction on fundamental right to trade. The 'Precautionary Principle' of environmental law allows prohibition of a polluting activity even in absence of scientific certainty. ......."
19. Carrying capacity is a facet of sustainable development. It is inherent in 'Precautionary Principle' as well as in 'Inter- generational Equity'. In MC Mehta v. UOI & Ors., construction activity in the catchment area of Badkhal were directed to be restricted/regulated to the level of Carrying capacity. It was observed that:-
"Preventive measures have to be taken keeping in view of the carrying capacity of the ecosystem operating in the environmental surroundings under consideration."
20. In Vellore Citizens' Welfare Forum v. UOI & Ors.3, it was observed that quality of human life is to be improved within the carrying capacity to supporting ecosystem. Relevant extract is as follows:-
"10....... During the two decades from Stockholm to Rio "Sustainable Development" has come to be accepted as a viable concept to eradicate poverty and improve the quality of human life while living within the carrying capacity of the supporting 3 (1996) 5 SCC 647 17 ecosystems. "Sustainable Development" as defined by the Brundtland Report means "Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs". We have no hesitation in holding that "Sustainable Development" as a balancing concept between ecology and development has been accepted as a part of the customary international law though its salient features have yet to be finalised by the international law jurists."
21. These observations are reiterated in (2006) 6 SCC 371.4 22 to 23 xxx......................... xxx.................................. xxx
24. The Tribunal has a mandate to follow these principles under Section 20 read with Section 15 of the National Green Tribunal Act, 2010 and can issue appropriate directions for enforcement of these principles, as laid down in Mantri Techzone Pvt. Ltd. v. Forward Foundation and Ors.,5 and the Director General (Road Development) NHAI v. Aam Aadmi Lok Manch.6 Environmental rule of law requires strict enforcement of these principles as laid down in Hanuman Laxman Aroskar v. UOI).7
25. This Tribunal in O.A. No. 681/2018, vide order dated 21.08.2020, dealt with the remedial measures for restoration of air quality in 122 Non-attainment cities, including Delhi where air quality is generally beyond norms. The Tribunal directed stopping polluting activities, including brick kilns and assessment of carrying capacity of urban areas to take policy decisions to control polluting potential activities beyond carrying capacity. The Tribunal observed:-
"3. The Tribunal noted the concern arising from such large scale air pollution which grapples the country in spite of statutory mechanism under the Air Act, directions of the CPCB under section 18(1)(b), dated 29.12.2015 and directions of the Hon'ble Supreme Court for control of vehicular pollution8, industrial and construction sector pollution9, power sector 4 Para 66 to 76 5 2019 SCC online SC 322, Para 43-47 6 AIR 2020 (SC) 3471, Para 75 7 (2019) 15 SCC 401 8 Rural Litigation and Entitlement Kendra, Dehradune and Others Vs State of U.P. Others (1985) 2 SCC 431, M.C. Mehta v. Union of India (2001) 3 SCC 756, M.C. Mehta v. Union of India (1998) 6 SCC 63, M.C. Mehta v. Union of India (2002) 4 SCC 356, M.C. Mehta v. Union of India (1998) 6 SCC 60 9 M.C. Mehta v. Union of India (1997) 2 SCC 353, M.C. Mehta v. Union of India and Shriram Foods and Fertilizer Industries and Anr. (1986) 2 SCC 176, Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P. (1985) 2SCC 431, Mohd. Haroon Ansari v. District Collector (2004) 1 SCC 491, Union of India v. Union Carbide Co. (1989) 1 SCC 674, M.C. Mehta v. Union of India (1992) 3 SCC 256, Sterlite Industries (India) Ltd. etc. v. Union of India & Ors.(2013) 4SCC 575 , M.C. Mehta v. Union of India (2004) 6 SCC 588, M.C. Mehta v.
Kamal Nath (2000)6 SCC 213 18 pollution10 and agricultural sector pollution11 and orders of this Tribunal dealing with the said issues12. The Tribunal also referred to a Comprehensive Action Plan (CAP) for air pollution control for NCR prepared in pursuance of order of the Hon'ble Supreme Court dated 06.2.2017 by the Environment Pollution (Prevention and Control) Authority (EPCA) in consultation with the CPCB and Delhi Pollution Control Committee (DPCC) on 05.04.201713 and Graded Response Action Plan (GRAP) notified by the MoEF&CC on 12.01.2017 stipulating specific steps for different levels of air quality such as improvement in emission and fuel quality and other measures for vehicles, strategies to reduce vehicle numbers, non-motorised transport network, parking policy, traffic management, closure of polluting power plants and industries including brick kilns, control of generator sets, open burning, open eateries, road dust, construction dust, etc.14
4. Implementation of prescribed norms in the light of legal provisions and court directions remains a challenge. The consequence is that India is being ranked high in terms of level of pollution compared to many other countries with enormous adverse impact on public health. Most victims are children, senior citizens and the poor.15
5. The GRAP categorises levels of pollution as severe plus, severe, very poor, moderate to poor. The action to be taken in such situations includes stopping entry of trucks, stopping construction activities, odd and even scheme of private vehicles, shutting of schools, closing of brick kilns, stone crushers, hot mix plants, power plants, intensifying public transport services, mechanized cleaning of road, and sprinkling of water, stopping the use of diesel generator sets, enhancing parking fees, etc.
6. The MoEF&CC has by various notifications put restrictions on activities in Coastal areas, Flood plains, Taj corridor Eco-sensitive zones, etc. in view of ecological sensitivity and impact of such activities on environment 10 Consumer Education and Research Centre v. Union of India (1995)3 SCC 42, Dahanu Taluka Environment Protection group and Ors. v. Bombay Suburban Electricity Supply Company Ltd. and Ors (1991) 2SCC 539 11 Arjun Gopal and Ors v. Union of India and Ors (2017) 16 SCC 280, Dr. B.L Wadhera v. Union of India and Ors (1996) 2 SCC 594 12 Vardhman Kaushik v. Union of India and Ors. O.A no. 21 of 2014, Vikrant Kumar Tongad v. Environment Pollution (Prevention and Control) Authority and Ors, O.A No. 118 of 2013, Satish Kumar v. Union of India and Ors, O.A. No. 56 (THC) OF 2013, Smt. Ganga Lalwani V. Union of India and Ors. O.A No. 451 of 2018 13 Report No.71, EPCA-R/2-17/L-21, Comprehensive Action Plan for air pollution control with the objective to meet ambient air quality standards in the National Capital Territory of Delhi and National Capital Region, including states of Haryana, Rajasthan and Uttar Pradesh.
14S.O.118(E), Notification, Ministry of Environment, Forest and Climate Change 15 https://www.thehindu.com/sci-tech/energy-and-environment/india-ranks-177-out-of-180- in-environmental-performance-index/article22513016.ece, https://www.ndtv.com/delhi- news/delhis-air-pollution-has-caused-of-death-of-15-000-people-study-1883022.
19if such activities are carried out in unregulated areas. This needs to be extended to the NACs in view of impact on public health and environment to give effect to the 'Precautionary' and 'Sustainable Development' principles."
7to13..xxx......................xxxx..............................xxx
14. According to the CPCB, draft framework has been prepared and SA study completed in four States (for 05 cities). Study was under progress in 14 States (for 54 cities), and at proposal stage in 10 States (for 37 cities). Methodology for carrying capacity has been shared with State PCBs/PCCs. Twelve (12) States/UTs have given the details of the carrying capacity and the remaining have yet to take necessary steps. CC/SA studies are pre requisite for meaningful planning to enforce environmental law. This pre-requisite should have been undertaken long ago. Air quality norms have been statutorily laid down under the Air (Prevention and Control of Pollution) Act, 1981 as well as the Environment (Protection) Act, 1986 and such norms are being flagrantly violated, which has been made by the Parliament a criminal offence. If the rule of law has to have meaning and guilty are to be punished, the policies of the State have to be based on scientific studies to contain polluting activities within the scope of Carrying Capacity."
26. Dealing with the issue of air pollution in manufacture of tiles at Morbi in Gujrat, vide order dated 6.3.2019 OA 20/17 Babubhai v GPCB, this Tribunal directed closure of industries operating with coal unless they shifted to natural gas. This was referred in the earlier order of this Tribunal in the present matter. It was further observed that while under the orders of the Hon'ble Supreme Court, GRAP was laid down providing for closing of specified activities on crossing of air quality norms as laid down in the GRAP, the same did not debar consideration of further situations requiring closure/regulation...."
13. In the light of above discussion, we direct remedial action for recovery of compensation for past violations, prohibiting illegally operating stone crushers till compliance and to the extent of carrying capacity.
14. To capture Robust data to the area, CPCB may install at least 5 more CAAQMS at suitable locations. It will be open to CPCB to install more, if found necessary. Pending setting up of CAAQMS, manual stations may be installed. The number of operating stone crushers be suitably reduced as directed earlier so as to be within the carrying capacity, maintaining appropriate inter-se distance as may be suggested by CPCB. Consistent with order dated 26.10.2021, from November to February, no stone crushing unit be allowed to operate in the area unless the air quality index is moderate and above i.e. below 200.
2015. We also fix interim compensation at the rate of Rs. 20 Lakhs against each of the stone crushers operating in the area on 'Polluter Pays' principle. Compensation will cover the period from 5 years prior to filing of this Application and till date. The amount is being fixed at floor level on conservative basis even if particular stone crushers may have operated for shorter period. This will apply to all 343 identified stone crushers as mentioned in para 5 of the report of the joint Committee dated 17.01.2023. The amount may be collected by the State PCB by coercive action on failure of deposit within one month. The amount be used for restoration of environment in the area. Final compensation be fixed by joint Committee of District Magistrate, Charkhi Dadri, Member Secretary, State PCB, CPCB, Forest Department and DFO. CPCB and State PCB will jointly act as nodal agency for coordination and compliance. The Committee may put all the stone crushers to notice of this order and if any stone crusher is aggrieved by order of this Tribunal may be at liberty to move this Tribunal. The units which have been identified as non-compliant may be closed forthwith. The units which are not identified but are operating in violation of norms may also be proceeded against for closure till compliance forthwith. The numbers of units which are to be allowed to operate should be fixed having regard to the carrying capacity. The exercise may be overseen by ACS Environment, Haryana.
16. Action taken report with compliance status as on 30.04.2023 may be filed by 15.05.2023.
List for further consideration on 22.05.2023.
Member Secretary, State PCB and District Magistrate, Charkhi Dadri may remain present in person by Video Conferencing on the next date.
A copy of this order be forwarded to District Magistrate, Charkhi Dadri, Member Secretary, State PCB, CPCB, Forest Department and DFO by e-mail for compliance."
7. The order of the Tribunal dated 18.01.2023 was the subject matter of challenge before the Hon'ble Supreme Court in Civil Appeal 1407/2023 and other connected appeals. Hon'ble Supreme Court vide order dated 24.02.2023 had disposed of the appeal by directing as under:
"Having heard learned counsel for the respective parties and considering the impugned order(s) passed by the NGT, we are of the opinion that if any of the individual stone crusher has any objection against the order passed by the NGT, they may approach the NGT as per the liberty reserved by the Tribunal in the impugned order itself. As and when such applications are made, the Tribunal to consider the same in accordance with law and on its own merits and considering the individual cases to be put forward before the NGT. If such applications are made within a period of two weeks from today, the learned NGT to consider the same in accordance with law and on 21 merits and to take into consideration the individual cases to be brought to the knowledge of the NGT at the earliest and preferably within a period of six weeks from the date of receipt of such applications.
Till the applications are filed, no coercive action shall be taken.
The present Appeals are accordingly disposed of.
Pending applications including the applications for impleadment shall stand disposed of."
8. The above order of the Tribunal dated 18.01.2023 was also challenged in another Civil Appeal and Hon'ble Supreme Court vide order 06.11.2023 passed in C.A. No. 5550/2023 in matter of M/s Chander Stone Crusher Vs. State of Haryana had set aside the direction contained in the paragraph 15 of the impugned order dated 18.01.2023 only in relation to the said appellant on the ground of violating the principles of natural justice by holding as under:
"Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent-State of Haryana. The other respondents have been served with the notice. The respondent No.8 who is the original complainant before the National Green Tribunal has been served with the notice. But he is not represented.
The grievance of the appellant is about the directions issued in the paragraph 15 of the impugned judgment. This direction is against 343 identified stone crusher units, as mentioned in the report of the Joint Committee dated 17th January, 2023. Further direction issued by the Tribunal is that the Joint Committee will issue notice to the stone crusher units and if any stone crusher unit is aggrieved by the order of the Tribunal, that unit will be at liberty to move the Tribunal.
A drastic order was passed by the National Green Tribunal fixing the interim compensation of Rs.20,00,000/- (Rupees twenty lakhs) payable by each of the stone crusher operating units, including the present appellant. Admittedly, the present appellant was not a party to the complaint filed by the eighth respondent.
Thus, in our view, the Tribunal has committed a breach of elementary principles of natural justice. The impugned order shows that the Original Application is still kept pending.
We, therefore, set aside the directions contained in the paragraph 15 of the impugned judgment only in relation to the appellant.
If the respondent No.8 wants any direction to be issued by the Tribunal against the appellant, he is free to implead the appellant and seek appropriate relief in the pending Original Application.
22We make it clear that we have not made any adjudication on the merits of the controversy.
The appeal is accordingly allowed on the above terms."
9. After the aforesaid orders of the Hon'ble Supreme Court, a number of applications for impleadment were filed and those applicants - stone crushers were impleaded and were heard. We have also heard the stone crusher owners whose application for impleading, if any, is pending.
10. On 01.02.2024, the Tribunal had considered the issue of fixing the final compensation and accepted the submission of the impleaded stone crushers about fixing the final compensation by the joint Committee after giving them opportunity of hearing. Accordingly, on 01.02.2024, the Tribunal had directed as under:
"xxx ....................................xxx............................................xxx
4. So far as the issue of fixing final compensation is concerned, counsel for all the impleaded Stone Crushers have submitted that they have no objection if the Joint Committee fixes the final compensation after giving them an opportunity of hearing. Hence, we direct the Joint Committee comprising of District Magistrate, Charkhi Dadri and Mahendragarh, Representative of Member Secretary of State PCB and CPCB, concerned DFO and RO MoEF&CC, to fix the final compensation after determining the extent and period of violation and after giving opportunity of hearing to all the concerned stone crushers and after duly complying with the principles of natural justice. RO will act as nodal agency for coordination and compliance. The joint committee will also ascertain the source of raw material and compliance of all the requisite norms by these stone crushers and carrying capacity of that area and make recommendations in respect of the closure of the defaulting stone crusher, if any. We make it clear that report of the joint committee will be treated to be recommendatory in nature.
5. The joint committee will make an endeavor to complete the above exercise within three months and will submit a detailed report before the Tribunal."
11. In pursuance to the above direction, joint Committee has submitted the report dated 08.04.2024. The joint Committee had taken 01.02.2024 as the baseline date and has calculated compensation for violation of period of environmental norms by stone crusher units from 23 01.01.2013 to 01.02.2024 as per the methodology prescribed by the CPCB. The entire period is divided in two parts, one for the period from 01.01.2013 to 29.04.2019, i.e., prior to the methodology formulated by CPCB and adopted by HSPCB and second for the period from 30.04.2019 to 01.02.2024 after the methodology formulated by CPCB and adopted by HSPCB. The joint Committee has imposed final environmental compensation against 16 units amounting to Rs.91,81,250/- for the period from 01.01.2013 to 29.04.2019, against 66 units amounting to Rs.
4,00,16,503/- for the period from 30.04.2019 to 01.02.2024. Out of these 66 units 55 units have deposited environmental compensation of Rs.
3,20,16,528/-. The HSPCB has subsequently recommended environmental compensation against 28 units amounting to Rs.
1,84,56,250/- for the period from 30.04.2019 to 01.02.2024. The report of the joint Committee dated 08.04.2024 in pursuance to the order dated 01.02.2024 is as under:
"Action Taken Report dated 08.04.2024 in compliance with Hon'ble National Green Tribunal, Principal Bench, New Delhi vide order dated 01.02.2024 in the matter of OA NO. 607/2018 (Vinod Kumar Jangra Versus State of Haryana and Ors.).
The stone crushers are located in the district of Charkhi Dadri, Haryana in the various villages of two Tehsil namely (i) Charkhi Dadri (ii) Badhra and mainly in five major cluster in District Charkhi Dadri. There are total 343 Nos. stone crushing units in district Charkhi Dadri as per order of Hon'ble NGT since 2013.
Hon'ble NGT passed the following directions in order dated 01.02.2024 in OA NO. 607/2018 (Vinod Kumar Jangra Versus State of Haryana And Ors.): -
"4. So far as the issue of fixing final compensation is concerned, counsel for all the impleaded Stone Crushers have submitted that they have no objection if the Joint Committee fixes the final compensation after giving them an opportunity of hearing. Hence, we direct the Joint Committee comprising of District Magistrate, Charkhi Dadri and Mahendragarh, Representative of Member Secretary of State PCB and CPCB, concerned DFO and RO MOEF&CC, to fix the final compensation after determining the extent and period of violation and after giving opportunity of hearing to all the concerned stone crushers and 24 after duly complying with the principles of natural justice. RO will act as nodal agency for coordination and compliance. The joint committee will also ascertain the source of raw material and compliance of all the requisite norms by these stone crushers and carrying capacity of that area and make recommendations in respect of the closure of the defaulting stone crusher, if any. We make it clear that report of the joint committee will be treated to be recommendatory in nature.
5. The joint committee will make an endeavor to complete the above exercise within three months and will submit a detailed report before the Tribunal".
The Action Taken Report in compliance with the above directions, passed by Hon'ble National Green Tribunal, New Delhi, is as under: -
1. The joint committee meeting held at Charkhi Dadri on 11.03.2024 at 11.30 AM and it was decided that
(a)The date 01.02.2024 will be considered as the base line date for providing record data by HSPCB to joint committee for consideration regarding levy of environment compensation.
(b)The recommendation regarding imposing of environment compensation for the violating period of environmental norms by the stone crusher units from 01.01.2013 to 01.02.2024 will be calculated as per methodology prepared by the Central Pollution Control Board (CPCB) and adopted by Haryana State Pollution Control Board (HSPCB) vide order no. 6073 dated 29.04.2019 & HSPCB/PLG/2021/2343-2350 dated 22.12.2021.
The environmental compensation for violations is determined using the following formula:
EC = PI x N x R x S x LF Where, EC: Environmental Compensation in PI: Pollution Index of industrial sector N: Number of days of violation took place R: Factor in Rupees (₹) for EC S: Factor for scale of operation LF: Location factor Pollution Index (PI):
Red: 80 Orange: 50 Green: 30 Number of days (N):
N is the period between the day of violation observed/due date of direction's compliance and the day of compliance verified by the Regional office.25
Factor in Rupees (R):
The CPCB recommends R as 250 for the calculation of Environmental Compensation in cases of violation.
Factor for scale of operation (S):
Small/micro: 0.5 Medium: 1.0 Large: 1.5 The Joint Committee has recommended the final levy of environment compensation on the basis of above mentioned methodology.
2. The compliance status of stone crushing units located in District Charkhi Dadri as on 01.02.2024 is summarized below in table No 1:
Units found complying as per provisions of 233notification dated 11.05.2016 Units found non-complying as per provisions 110 of notificationdated11.05.2016 (i). Recommended for closure action to Head 01 Office (ii). Units closed by Board 23 (iii). Units found dismantled 77 (iv). Plant & Machinery not installed and 09 CTE expired
3. The requisite information of 343 stone crushing units in tabular form regarding detail of IAs filed by individual stone crusher, name and address of the unit & GPS Coordinate, CTE details, date of establishment / setting up of the Stone Crusher (Grant of CTE), date of first operation after establishment (First CTO Granted to Stone Crusher), latest CTO status with validity, Inter-se distance (Distance of stone crusher nod to the boundary of nearest stone crusher), source of raw material i.e. stone, Operational Status, Production capacity as per latest CTO status of compliance in respect of the pollution norms as per notification dated 11.05.2016 is attached as Annexure-1. The carrying capacity of the ambient air environment of District Charkhi Dadri for the period from March 2023 to February 2024 has been assessed. The details of the assessment are provided in Annexure-2.
4. Based on the above methodology, the final environment compensation is calculated for two periods details are given in below table No. 2:
(i) Final EC (ii) Final Environment Compensation for period 30.04.2019 to 01.02.2024 (After methodology recommended for formulated by CPCB & adopted by HSPCB) period 01.01.2013 EC imposed EC recovered EC pending for EC recommended to to 29.04.2019 deposition head office (Prior to methodology formulated by CPCB & adopted by HSPCB) No. Amount No. Amount No. Amount No. Amount No. of Amount 26 of (Rs.) of imposed (Rs.) of recovered of pending unit recommend unit unit unit (Rs.) unit (Rs.) ed (Rs.) 16 91,81,250 66 4,00,16,503 55 3,20,16,528 14 79,99,975 28 1,84,56,250 Note: Three units (Sr. No. 14, 66 & 76 of Annexure-3) has deposited environment compensation partially The joint committee has recommended levy of final environment compensation against 16 units, amounting Rs.91,81,250 for period 01.01.2013 to 29.04.2019 (Prior to methodology formulated by CPCB & adopted by HSPCB).
HSPCB has imposed environment compensation against 66 units, amounting Rs. 4,00,16,503 for period 30.04.2019 to 01.02.2024 (After methodology formulated by CPCB & adopted by HSPCB). Out of these 66 units, 55 units has deposited EC of amount Rs. 3,20,16,528 and EC recovery proceedings through the revenue department have been initiated for the remaining 14 units, amounting to Rs. 79,99,975.
Further, HSPCB has recently recommended environment compensation against 28 units, amounting to Rs. 1,84,56,250 for period 30.04.2019 to 01.02.2024. These recommendations are currently in the finalization process at head office level.
The details of final environment compensation recommended for period 01.01.13 to 29.04.2019 and for period 30.04.2019 to 01.02.2024 regarding environment compensation imposed, recovered, pending for recovery and under recommendation at head office level for finalization is attached as Annexure-3.
The above-mentioned environment compensation is in accordance with the personal hearing given to individual stone crushers by the joint committee in April 2024.
It is humbly prayed that the above Action Taken Report may be considered please.
Dated: 08.04.2024."
12. The details of levy and deposit of compensation by/against the stone crushers by the joint Committee are as under:
Annexure-3 Sr. Name & Address of Details of final EC for period from 01.01.2013 to Details of final EC for period from 30.04.2019 to 01.02.2024 No. the unit 29.04.2019 Amount of EC Amount Amount of EC Specific EC Amount of EC Amount of EC Period Period Specific Violation Imposed recommended to Violation recommend Recovered (Rs) pending (Rs.) (Rs) Head Office (Rs) ed (Rs.) 27 days Not adequate shed and not (18.01.2020 to adequate wind breaking wall as Rao Stone Crusher 13.02.2020) & per notification dated 11.05.2016 Co., Village 01.07.2021 & Covered shed not adequate, 1 - - - 812500 812500 - -
Kaliyana Charkhi to 14.12.2021 from green belt not adequate Dadri, Latitude : 28.55752 , Longitude : 76.201481 130 Days 27 New Baba Sita Nath 18.01.2020 to Stone Crusher, Village 13.02.2020 ( 13.5 Not adequate shed and not Kaliyana, Days) as there was adequate wind breaking wall as 2 - - - 81375 81375 - -
Charkhi Dadri , ban from 6:00PM per notification dated
Latitude : 28.57026 , Longitude : to 6:00 AM as per 11.05.2016
76.20651 EPCA direction
92 days (
Pardhan Stone 23.03.2019 to
Not adequate shed and not
Crusher Village 13.02.2020 - Grap
adequate wind breaking wall as
3 Kaliyana, Charkhi - - - period (22 days) - 575000 575000 - -
per notification dated
Dadri , Latitude : 28.5731267 , Longitude : close its own
11.05.2016
76.20173 (61+153 days)
17.01.2020 to
Bhagwati Stone 16.02.2020(15.5 Not adequate shed and not
Crusher, Vill, Kheri Days) as adequate wind breaking wall as
4 - - - there was ban for 96875 96875 - -
Battar, Charkhi per notification dated
Dadri , Latitude : 28.5645 , Longitude : 76.18822 06:00 11.05.2016
PM to 06:00AM as
per
EPCA directions
5 Soorya Stone
Crusher Village 19.01.2020 to
Pichopa Kalan, 19.02.2020 ( 16 Not adequate shed and not
Charkhi Dadri , Days) as there was adequate wind breaking wall as
- - - 100000 100000 - -
Latitude : ban for 6:00 PM to per notification dated
28.551836 , 6:00 AM as per 11.05.2016
Longitude : EPCA Direction
76.084153
1.Not submitted
consent to
operate
obtained from
6 Saraswati Stone
board.
Crusher, Vill Kheri
2.Not submitted
Battar, Charkhi
running schedule
Dadri , Latitude
for
: 28.568261 , Longitude :
01.04.2014 collection of Air
76.184435
to sample.
718750 - - - - - -
24.07.2014= 3.Not submitted
115 Days the analysis
report
under Air act for
2013-14.
4.Not submitted
legal source of
raw
material.
R.B.S Stone Crusher Not adequate shed and not
7 Village Kaliyana, adequate wind breaking wall as
Charkhi Dadri , per notification dated
Latitude : - - - 24.5 days 11.05.2016 153125 153125 - -
28.5
7092 , Longitude :
76.20239
150 Days Not adequate shed and not
(01.07.2019 to adequate wind breaking wall as 18.12.2019 - Grap per notification dated Millan Stone Cusher, Period 11.05.2016 Village Kaliyana, 45 + 33 Days) 8 - - - 937500 937500 - -
Charkhi Dadri , Latitude : 28.575207 , Longitude : 76.205681 Omkara Mines and Crushers, Village Not adequate green belt as per 03.05.2023 to Pichopa Kalan, DFO report in compliance of 9 - - - 29.08.2023=119 - - - 743750 Charkhi Dadri , notification dated Days Latitude : 28.55111 , Longitude : 11.05.2016 76.08887 28 (1) That the unit had not provided proper covered shed as per notification dated 11.05.2016.
(2) That the unit had not provided proper metal road as per notification date 11.05.2016. (3) That the unit had not provided regular cleaning and wetting of premises. (4). Tree Plantation was not adequate and not provide Jai Ambey stone barricade on all Sides. (5) Log book Crusher, Vill. Kheri 31.01.2022 to 10 - - - was not maintained for energy 318750 318750 - -
Battar, Charkhi 26.05.2022 and water consumption & Dadri , Latitude : 28.56807 , Longitude : 76.183519 production of the unit. (6). Sample of inward/outward of Air emission was collected from the premises of unit on 21.10.2020 and as per A/R no. 451-452 dated 27.10.2020 parameters were found exceeding the prescribed limits. & Not adequate shed and not adequate wind breaking wall as per notification dated 11.05.2016 Dada shakti Stone Crusher, Village Not adequate shed and not Pichopa Kalan, 183 Days adequate wind breaking wall as 11 Charkhi Dadri , - - - (18.03.2021 to 1150000 1150000 - -
per notification dated
Latitude : 28.551809 17.09.2021)
11.05.2016
, Longitude
:76.081648
Shree Laxmi Stone
Crusher, Pichopa
Not adequate shed and not
Kalan, Charkhi 16.01.2023 to
adequate wind breaking wall as
12 Dadri , Latitude - - - 16.05.2023=121 - - - 756250
per notification dated
:28.547055 , Days
11.05.2016
Longitude
:76.089785
Bed Stone Crusher
Village Pichopa
Not adequate green belt as per
Kalan, Charkhi Dadri 03.05.2023 to
DFO report in compliance of
13 , Latitude : - - - 29.08.2023=119 743750 743750 - -
notification dated
28.551698 , Days
11.05.2016
Longitude
:76.087951
247 days (
Balaji Stone Crusher,
26.03.2019 to
VPO Kaliyana,
13.02.2020 - Grap Not adequate green belt as per Charkhi Dadri , Period DFO report in compliance of 14 Latitude : - - - 2318750 1546900 771850 -
(78 Days)) & 124 notification dated 28.5730 days 11.05.2016 9 , Longitude :
n(16.01.2023 to 76.20328 20.05.2023) Jai Shree Ram Stone Crusher, Village Kheri Battar, Not adequate green belt as per 16.01.2023 to Charkhi Dadri , DFO report in compliance of 15 - - - 25.05.2023=129 806250 806250 - -
Latitude : notification dated
days
28.5543 11.05.2016
98 , Longitude :
76.187539
1.The consent was
Jai Baba Sita Nath expired on
Stone Crusher, Vill. 31.01.2014.
Kheri Battar, 01.04.2014 2.The unit has not
Charkhi Dadri , to applied for
16 718750 - - - - - -
Latitude : 24.07.2014=1 consent
28.5704 15 days online.
1 , Longitude : 3.The unit was in
76.18556 operation without
CTO from Board.
29
Jagdish Pahal Stone 25.03.2019 to
Crusher Village Birhi 16.02.2020= 329- Not adequate shed and not
Kalan Charkhi Dadri , 45-34.5 adequate wind breaking wall as
17 - - - 1559375 1559375 - -
Latitude : 28.607937 (GRAP period) = per notification dated
, Longitude : 249.5 11.05.2016
76.138801 days
1.The consent was
expired on
Vishal Stone Crusher,
31.01.2014.
Village Kheri Battar,
01.04.2014 2.The unit has not
Charkhi
to applied for
18 Dadri , Latitude : 718750 - - - - - -
24.07.2014=1 consent
28.5578
15 days online.
5 , Longitude :
3.The unit was in
76.18547
operation without
CTO from Board.
Durga Stone Crusher
261.5 days
Mills, Village
(23.03.2019 to Not adequate shed and not
Kaliyana, Charkhi
07.03.2020 -Grap adequate wind breaking wall as 19 Dadri , Latitude : - - - 156000 156000 - -
period per notification dated
28.5724
&Covide 19 11.05.2016
4 , Longitude :
(45+44.5Days)
76.20219
Bijender Singh Stone
Crusher, Kheri Battar,
Not adequate green belt as per
Charkhi 122 days (
DFO report in compliance of
20 Dadri , Latitude : - - - 16.01.2023 to 762500 762500 - -
notification dated
28.5684 18.05.2023)
11.05.2016
8 , Longitude :
76.18196
Baniwal Stone
Crusher, Vill. Kheri 251.5 Days(
Not adequate shed and not
Battar, Charkhi 23.03.2019 to
adequate wind breaking wall as
21 Dadri , Latitude : - - - 16.02.2020 - Grap 1575000 1575000 - -
per notification dated
28.5652 Period
11.05.2016
71 , Longitude : (79.5 Days))
76.184592
1.Not provided
adequate covered
shed.
2.Not provided
adequate wind
breaking
wall.
Amarnath Stone 3.Not provided
Crusher Vill-Kheri sufficient number
Battar,Distt 07.10.2018 of
Charkhi Dadri , to sprinklers.
22 718750 - - - - - -
Latitude : 29.01.2019=1 4.Not provided
28.5534 15 days adequate
22 , Longitude : metalled road
76.184178 5.Not provided
adequate tree
plantation.
6.Not provided
interlocking
system.
7.Not provided
logbook for APCM
Baba Ramdass Stone 18.01.2020 to
Crusher Village 28.02.2020
Kaliyana, ( as there was ban Not adequate shed and not
Charkhi Dadri , for adequate wind breaking wall as
23 - - - 131250 131250 - -
Latitude : 06:00 PM to 06:00 per notification dated
28.5730 AM as 11.05.2016
58 , Longitude : per EPCA direction
76.20666 =42/2=21.
30
Classic Mobile Stone
Crusher Village Kheri
334 Days (
Battar Not adequate shed and not
20.03.2019 to
Charkhi Dadri , adequate wind breaking wall as
24 - - - 16.02.2020 - Grap 96875 96875 - -
Latitude : per notification dated
Period
28.5603 11.05.2016
(79.5Days))
4 , Longitude :
76.18539
1.The consent was
Neelkanth Stone expired on
Crusher, Village Kheri 31.01.2014.
Battar, 01.04.2014 2.The unit has not
Charkhi Dadri , to applied for
25 718750 - - - - - -
Latitude : 24.07.2014 consent
28.5643 =115 days online.
2 , Longitude : 3.The unit was in
76.18774 operation without
CTO from Board.
Om Shivam Stone
Crusher, Kaliyana,
Not adequate shed and not
Charkhi Dadri ,
17.01.2020 to adequate wind breaking wall as 26 Latitude : - - - 937500 - 937500 -
13.02.2020 per notification dated 28.5734 11.05.2016 75 , Longitude :
76.200381 Pooja Stone Crusher, Village Kaliyana, Not adequate shed and not Charkhi Dadri 19.01.2020 to adequate wind breaking wall as 27 , Latitude : - - - 81250 81250 - -
13.02.2020 per notification dated 28.5713 11.05.2016 5 , Longitude :
76.20255 Rajbir Stone Crusher VPO Kheri Battar, Not adequate shed and not 14.07.2021 to Charkhi adequate wind breaking wall as 28 - - - 25.09.2021 (74 - - - 462500 Dadri , Latitude : per notification dated Days) 28.557 , 11.05.2016 Longitude : 76.185 Shree Shyam Stone Crusher Village Kheri Battar Not adequate green belt as per 11.10.2023 to Charkhi Dadri , DFO report in compliance of 29 - - - 09.02.2024 (122 - - - 512500 Latitude : notification dated Days) 28.5521 11.05.2016 94 , Longitude :
76.18184
1.Not submitted running schedule Sita Nath Stone for collection of Crusher, Village Kheri Air sample.
Battar, 01.04.2014 2.Not submitted Charkhi Dadri , to the analysis 30 718750 - - - - - -
Latitude : 24.07.2014=1 report under Air 28.5704 15 days act for 2013-14.
1 , Longitude : 3.Not submitted 76.18556 legal source of raw material.
United Stone Crusher, Village Kheri Not adequate shed and not Battar, Charkhi 16.01.2023 to 20.05 adequate wind breaking wall as 31 Dadri , Latitude : - - - 775000 775000 - -
2023 = 124 days per notification dated 28.5528 11.05.2016 34 , Longitude :
76.183333 Yash Stone Crusher, Kheri Battar, Charkhi Not adequate shed and not Dadri , 03.05.2023 to adequate wind breaking wall as 32 Latitude : - - - 08.09.2023=128 800000 800000 - -
per notification dated 28.5754 days 11.05.2016 27 , Longitude :
76.194513 31 Jai Shri Shivam Stone Crusher, Kheri Battar, Not adequate green belt as per Charkhi 16.01.2023 to DFO report in compliance of 33 Dadri , Latitude : - - - 18.05.2023=123 - - - 768750 notification dated 28.5648 days 11.05.2016 74 , Longitude :
76.186535
New Baba Pir Stone
Crusher, Kheri Battar,
Not adequate green belt as per
Charkhi 16.01.2023 to
DFO report in compliance of
34 Dadri , Latitude : - - - 18.05.2023=123 - - - 768750
notification dated
28.5539 days
11.05.2016
4 , Longitude :
76.18944
Anjani Stone Crusher,
VPO Kheri Battar,
Not adequate green belt as per
Charkhi 16.01.2023 to
DFO report in compliance of
35 Dadri , Latitude : - - - 20.05.2023=125 - - - 781250
notification dated
28.5695 days
11.05.2016
8 , Longitude :
76.17738
Vishnu Stone
Crusher, Kheri Battar,
Not adequate green belt as per
Charkhi Dadri , 16.01.2023 to
DFO report in compliance of
36 Latitude : - - - 18.05.2023=123 768750 768750 - -
notification dated
28.5527 days
11.05.2016
5 , Longitude :
76.178529
Shiv Bhole Stone
Crusher Village
Not adequate shed and not
Kalali, Charkhi
adequate wind breaking wall as
37 Dadri , Latitude : - - - 252 days 1575000 1575000 - -
per notification dated
28.5333
11.05.2016
, Longitude :
76.18471
Sadbhawna Stone 04.11.2019 to
Crusher, Village 18.12.2019 Not adequate shed and not
Kalali, Charkhi & 26.10.2019 to adequate wind breaking wall as
38 - - - 128128 128128 - -
Dadri , Latitude : 03.11.2019 and per notification dated
28.5328 19.12.2019 to 11.05.2016
6 , Longitude : 76.179 28.02.2020.
Dalawas Stone
Crusher, Vill Tiwala, 16.01.2023 to
APCM found not adquate as per
39 Charkhi Dadri , - - - 16.05.2023=121 - - - 756250
notification dated 11.05.2016
Lat: 28.57375 days
Long: 76.113843
Dhanluxmi Stone
Not adequate green belt as per
Crusher, Kalali, 16.01.2023 to
DFO report in compliance of
40 Charkhi Dadri - - - 12.09.2023=240 - - - 1500000
notification dated
Lat: 28.3218244 days
11.05.2016
Long: 76.41986
Haryana Stone
04.11.2019 to
Crusher, Village
18.12.2019 Not adequate shed and not
Tiwala, Charkhi
& 26.10.2019 to adequate wind breaking wall as 41 Dadri, , Latitude : - - - 218750 218750 - -
03.11.2019 and per notification dated 28.3349 19.12.2019 to 11.05.2016 92 , Longitude :
19.02.2020.
76.71338
Laxmi Mining
Company, Village Not adequate green belt as per
Tiwala, Charkhi 16.01.2023 to DFO report in compliance of
42 - - - 1528125 1528125 - 756250
Dadri 16.05.2023 notification dated
Lat: 28.5672 11.05.2016
Long: 77.119906
32
Larsen and Toubro
Limited, Vill Kheri
Not adequate green belt as per
Battar Charkhi
16.01.2023 to DFO report in compliance of
43 Dadri , Latitude : - - - 775500 775500 - -
19.05.2023 notification dated
28.3330
11.05.2016
99 , Longitude :
76.111652
1.Not submitted
running schedule
for
Sunrise stone collection of Air
Crusher, Village Kheri 01.04.2014 sample. Battar, Charkhi to 2.Not submitted 44 718750 - - - - - -
Dadri 24.07.2014=1 the analysis
Lat: 28.558610 15 days report under Air
Long: 184577 act for 2013-14.
3.Not submitted
legal source of
raw material.
Arya Stone Crusher ,
Jhojhu Kalan, Charkhi
Not adequate shed and not
Dadri ,
20.1.2020- adequate wind breaking wall as
45 Latitude : - - - 181250 - 181250 -
17.3.2020 per notification dated
28.5192
11.05.2016
73 , Longitude :
75.998983
Baba Hari Dass Stone Covered Shed found broken &
Crushing Co Vill-Birhi sample of process emission
09.10.2023 to
Kalan, Charkhi Dadri collected from the premises on
18.12.2023=70-
46 , Latitude : - - - 09.10.2023 and sample 275000 275000 - -
26(GRAP
28.615755 , parameters are found exceeding
period)=44 Days
Longitude : as per report No. 515-16 dated
76.140889 14.10.2023
Baba Raghu Nath Covered shed partially provided,
Stone Crusher Vill- but
11.10.2023 to
Birhi Kalan, Charkhi broken on vibration screen section.
11.12.2023=61-
47 Dadri , Latitude : - - - Dust suppressing system not 218750 - 218750 -
26(GRAP
28.609568 , maintained and provided as per
period)=35 Days
Longitude : notification dated
76.139991 11.05.2016.
Bhai Ji Stone Crusher
Village Ramalwas,
Not adequate shed and not
Charkhi
adequate wind breaking wall as
48 Dadri , Latitude : - - - 29.4.19- 21.6.19 421875 421875 - -
per notification dated
28.499361 ,
11.05.2016
Longitude :
76.149556
Gitesh Stone Crusher
Vill-Birhi Kalan,Distt
Not adequate shed and not
Charkhi
adequate wind breaking wall as
49 Dadri , Latitude : - - - 265 1656250 1656250 - -
per notification dated
28.6038
11.05.2016
57 , Longitude :
76.138952
Indian Stone Crusher,
Jhojhu Kalan, Charkhi Not adequate shed and not
Dadri , Latitude : 29.4.2019- adequate wind breaking wall as
50 - - - 234375 234375 - -
28.495667 , 28.5.2019 per notification dated
Longitude : 11.05.2016
76.155408
33
1.The unit had not
provided enough
number of
sprinklers
2.The unit had not
provided
adequate
wind breaking
wall
Jai Baba Jamna Giri 3.The unit had not
Stone Crusher, Vill. provided proper
Birhi Kalan, Charkhi 17.03.18 to shed & metalled 51 Dadri , Latitude : 14.06.18=90 road 562500 - - - - - -
28.607536 , Days 4.The unit had not
Longitude : provided sufficient
76.139411 number of
plantation
5.The unit had not
obtained CTE/CTO
6.The unit had not
provided
telescopic
chute
Jai Baba Jamna Giri
Stone Crusher, Vill.
Not adequate shed and not
Birhi Kalan, Charkhi
25.03.2019 to adequate wind breaking wall as 52 Dadri , Latitude : - - - 409375 409375 - -
18.03.2020 per notification dated 28.607636 , 11.05.2016 Longitude :
76.139411
Jai Hind Stone
Crushing Co., Village
Birhi Kalan, Charkhi Not provided proper wind
19.10.2022-
53 Dadri , Latitude : - - - breaking wall. Not provided 325000 325000 - -
1.1.2023
28.605863 , adequate nos. of sprinklers.
Longitude :
76.139633
Jhojhu Stone Crusher,
Village Jhojhu Kalan,
Not adequate shed and not
Charkhi
29.4.2019- adequate wind breaking wall as
54 Dadri , Latitude : - - - 421875 421875 - -
21.6.2019 per notification dated
28.4978
11.05.2016
6 , Longitude :
76.15549
Kanhaiya Stone
Crusher Vill-Birhi 19.10.2022 to
Not adequate shed and not
Kalan, Charkhi 01.01.2023
adequate wind breaking wall as
55 Dadri , Latitude : - - - = 75-22 (GRAP 325500 325500 - -
per notification dated
28.6088 period) =
11.05.2016
9 , Longitude : 53 days
76.14006
Karan Stone Crusher,
Village Asawari,
Not adequate shed and not
Charkhi Dadri
23.07.2021 - adequate wind breaking wall as
56 ,Latitude : - - - - - - 406250
25.09.2021(65 Days) per notification dated 28.5544 11.05.2016 2, Longitude :
76.14017 Maha Laxmi Stone Mills, Vill Mankawas, Not adequate shed and not Charkhi Dadri , 23.3.2021- adequate wind breaking wall as 57 - - - 350000 350000 - -
Latitude : 28.633178 17.5.2021 per notification dated , Longitude : 11.05.2016 76.168507 Mahaluxmi Stone 19.10.2022 to Crusher Village Birhi 17.03.2018 1.Not installed 01.01.2023 = 74-22 Not adequate shed and not Kalan, Charkhi Dadri to APCM as per (GRAP period) = 52 adequate wind breaking wall as 58 , Latitude : 306250 562500 - 562500 -
04.05.2018 = notification days & 08.02.2023 per notification dated 28.610786 , 49 days dated 11.05.2016 to 17.03.2023 = 38 11.05.2016 Longitude :
days 76.139212 34 Mayur Stone Crusher, Village Birhi 17.03.2018 1.Not installed Kala, Charkhi to APCM as per 59 Dadri , Latitude : 306250 - - - - - -
04.05.2018 = notification 28.608907 , 49 days dated 11.05.2016 Longitude :
76.140478 New Rapid Stone Crusher old Name Jai 4.11.2019-
baba Shyam
18.12.2019 & Not adequate shed and not
Stone Crusher, Birhi
26.10.2019- adequate wind breaking wall as
60 kalan, Charkhi Dadri , - - - 187500 187500 - -
3.11.2019 and per notification dated
Latitude :
19.12.2019- 11.05.2016
28.609588 ,
18.3.2020
Longitude :
76.139908
Om Shiv Stone
Crusher, Village
Not adequate shed and not
Jhojhu Kalan,
adequate wind breaking wall as
61 Charkhi Dadri , - - - 29.4.2019-21.6.2019 421875 421875 - -
per notification dated
Latitude : 28.4953
11.05.2016
, Longitude :
76.15334
1.Not provided
adequate covered
shed.
2.Not provided
adequate wind Not adequate shed and not
breaking adequate wind
wall. breaking wall as per notification
3.Not provided dated
sufficient number 20.10.2022 to 11.05.2016 & The wind breaking
Shiv Shankar Stone
of 01.01.2023=73- wall found
Crusher Vill-Birhi 17.03.2018
sprinklers. 22(GRAP broken near vibratory screen
Kalan, Charkhi Dadri, to
62 4.Not provided 481250 period_=51 Days & section and 318750 - 318750 -
Latitude : 28.604583, 01.06.2018 = adequate 10.10.2023 to not found as per notification dated Longitude : 77 Days metalled road 02.11.2023 11.05.2016.
76.139016
5.Not provided = 24 Days Dust suppressing system not
adequate tree maintained
plantation. and provided as per notification
6.Not provided dated
interlocking 11.05.2016.
system.
7.Not provided
adequate size of
water tank
Shiva Stone Crusher,
Village Birhi Kalan,
11.10.2023 to
Charkhi Covered shed not adequate &
11.12.2023=61-
63 Dadri , Latitude : - - - Dust 218750 218750 - -
26(GRAP
28.607476 , suppersion system not adequate
period)=35 Days
Longitude :
76.139843
Shree Ram Stone
Crusher, Vill.
Not adequate shed and not
Mankawas, Charkhi
adequate wind breaking wall as
64 Dadri , Latitude : - - - 123 days 265625 265625 - -
per notification dated
28.6298
11.05.2016
6 , Longitude :
76.16616
Shree Shyam Stone
Crusher Village
Not adequate shed and not
Jhojhu Kalan, Charkhi
23.7.2021- adequate wind breaking wall as
65 Dadri , Latitude : - - - 406250 406250 - -
25.9.2021 per notification dated
28.534031 ,
11.05.2016
Longitude :
76.17939
Shri Ram Stone
Crusher, Village Jhoju
Not adequate shed and not
Kalan,
adequate wind breaking wall as
66 Chakrhi Dadri , - - - 50 days & 67.5 days 1046875 734375 312500 -
per notification dated
Latitude : 28.5525 ,
11.05.2016
Longitude :
76.1886
35
Sohna Stone Crusher,
Village Ramalwas, 29.042019 to
Not adequate shed and not
Charkhi 21.06.2019
adequate wind breaking wall as
67 Dadri , Latitude : - - - = 54 days & 421875 421875 - 93750
per notification dated
28.488275 , 19.10.2023 to
11.05.2016
Longitude : 02.11.2023=15 Days
76.142962
Suraj Stone Crushing
CO., Village 15.03.2019 to
Mankawas, 29.04.2020 Not adequate shed and not
Charkhi Dadri , = 412-18-47-37-153 adequate wind breaking wall as
68 - - - 150000 150000 - -
Latitude : (GRAP & COVID per notification dated
28.6309 period) = 11.05.2016
8 , Longitude : 157 days
76.16718
13. Alongwith the joint Committee report dated 08.04.2024, the estimated carrying capacity of ambient air environment of District Charkhi Dadri is disclosed which is as under:
" Particulars Summer Monsoon Post Winter Season & Season Monsoon season pre-Monsoon (July-2023 Season (November-
(March-2023 to August- (September- 2023 to
to June 2023) 2023 to February-
2023) October- 2024)
2023)
Area of District 1370 1370 1370 1370
(km²)
Mixing height 0.745 0.672 0.643 0.643
(km)
Volume of air 1020.65 920.64 880.91 880.91
in the district
(km³)
PM10 ((µg/m³)) 99.34 95.853 98.94 96.287
Total 101391.371 88246.105 87157.235 84820.181
estimated load
of particulate
matter in
ambient air in
the district in a
study period
(kg)
Assimilative 102065 92064 88091 88091
Carrying
capacity (kg)
Supportive 673.629 3817.895 933.765 3270.819 "
Carrying
capacity (kg)
14. The above carrying capacity report requires to be cross checked by an expert body, therefore, we direct the District Magistrate, Charkhi Dadri to submit the carrying capacity report alongwith all the supporting document to the Member Secretary, CPCB within two weeks. The member secretary CPCB will get the carrying capacity report cross-checked by an 36 expert body and ascertain the correct carrying capacity of District Charkhi Dadri within three months. The HSPCB and other regulatory agencies of District Charkhi Dadri will ensure that the carrying capacity so determined by the CPCB through the expert body is not exceeded or violated.
15. Against levy of final environmental compensation by the joint Committee, none of the stone crusher units have raised any objection.
Hence, we affirm the calculation of EC done by the joint Committee. The HSPCB is directed to recover the environmental compensation calculated by the joint Committee from the stone crusher units which have not deposited the same till now. It will be open to the HSPCB to take coercive measures to recover the same as expeditiously as possible preferably within a period of three months. The action taken report will be submitted by the HSPCB and CPCB by 15.09.2025 before the Registrar General of the Tribunal via email at [email protected], preferably in the form of a searchable PDF/OCR-supported PDF and not in the form of an Image PDF. If deemed necessary, the matter will be listed for consideration before the bench again.
16. Since only paragraph 15 of the order dated 18.01.2023 has been set aside by Hon'ble Supreme Court, therefore, concerned authorities will comply with the other direction contained in the order dated 18.01.2023 except in para 15 and submit action taken report before the Tribunal in three months.
17. The OAs are accordingly disposed of.
18. All the pending IAs will also stand disposed of.
Prakash Shrivastava, CP 37 Dr. A. Senthil Vel, EM May 26, 2025 Original Application No. 607/2018 and Original Application No. 480/2022 dv 38